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MUHAMMAD RAFIQUE AGHANI vs MUHAMMAD ALI AGHANI S — 2023 PLD 231 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PLD 231 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
PLD
Parties
MUHAMMAD RAFIQUE AGHANI vs MUHAMMAD ALI AGHANI S
Subject matter
Criminal
Provisions referred to
S. 12---Q

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD RAFIQUE AGHANI VS MUHAMMAD ALI AGHANI S. 12---Qanun-e-Shahadat (10 of 1984), Art. 79---Suit for specific performance---Proof of execution of document required by law to be attested---Scope---Plaintiff assailed the concurrent dismissal of his suit for specific performance---Validity---Plaintiff had got examined only one of the two witnesses who had allegedly attested the execution of the sale agreement---Plaintiff had although argued that the other witness had passed away but no evidence was produced to this effect---Requirement of Art. 79 of the Qanun-e-Shahadat, 1984, was not met and consequently the plaintiff had not proved execution of the sale agreement---Alleged payment had not been proved independently---Suit land had been granted by the Government to respondent on harap basis, and it could not have been sold/transferred in any case---Impugned judgments and decrees did not suffer from any legal infirmity---Appeal was dismissed.

Other judgments reported in 2023 PLD

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